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Ordinance 2020-4355 ORDINANCE NO. 2020-4355 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 12.5, ENTITLED "AFFORDABLE HOUSING ADVISORY COMMITTEE," BY AMENDING SECTION 2-167 THEREOF, ENTITLED "ESTABLISHED; PURPOSE; POWERS AND DUTIES; COMPOSITION," TO AMEND THE COMPOSITION OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE TO INCLUDE A MEMBER OF THE CITY COMMISSION, AND TO REDUCE THE NUMBER OF COMMITTEE MEMBERS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. WHEREAS, in 1992, the Florida Legislature enacted the William E. Sadowski Affordable Housing Act, creating a dedicated source of revenue for housing from a portion of documentary stamp taxes on the transfer of real estate; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Program, which is administered by Florida Housing Finance Corporation (FHFC), provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing; and WHEREAS, in 2007, the Florida Legislature passed House Bill 1375 which, in pertinent part, required cities and counties receiving SHIP funds to appoint an Affordable Housing Advisory Committee(AHAC); and WHEREAS, on May '14, 2008, the Mayor and City Commission adopted Ordinance No. 2008-3605, amending Chapter 2 of the Miami Beach City Code, to create the City's 'Affordable Housing Advisory Committee"(the"Committee"); and WHEREAS, on February 12, 2014, the Mayor and City Commission adopted Ordinance No. 2014-3841, expanding the purpose and duties of the Committee; and WHEREAS, following the 2020 session of the Florida Legislature, the Governor signed House Bill 1339 into law which, in pertinent part, amended statutory requirements on SHIP annual reporting, Affordable Housing Advisory Committees (AHACs), the State Apartment Incentive Loan (SAIL)program, accessory dwelling units, and fees/set-asides; and WHEREAS, specifically, House Bill 1339 amended Section 420.9076(2), Florida Statutes, to require that "one locally elected official from each . . . municipality" be appointed to each AHAC; and WHEREAS, additionally, in order to comply with existing requirements in Section 420.9076(2), Florida Statutes, the Administration recommends that the City Commission reduce the number of Committee members from 18 to 11 voting members. Page 676 of 1855 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Section 2-167 of Division 12.5, of Article Ill, of Chapter 2 of the City Code, entitled "Administration," is hereby amended as follows: CHAPTER 2 ADMINISTRATION ARTICLE III.AGENCIES, BOARDS AND COMMITTEES * * * Division 12.5. Affordable Housing Advisory Committee Sec. 2-167. Composition. The affordable housing advisory committee shall consist of 48 11 voting members,with each of whom shall have a two-year terms. -- - . - . - • - - • . - "e - - - six months.• or One member of the committee shall be the mayor or a member of the city commission, appointed at-large by a majority vote of the mayor and city commission. The remaining 44 10 members shall be appointed at-large by a majority vote of the mayor and city commission. The at ge-appeintees. and must include members from at least six(6)of the following categories: (1) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (2) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (3) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (4) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (5)One citizen who is actively engaged as a for-profit provider of affordable housing. (6)One citizen who is actively engaged as a not-for-profit provider of affordable housing. (7) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (8) One citizen who actively serves on the local planning agency pursuant to F.S. § 163.3174. Page 677 of 1855 (9) One citizen who resides within the jurisdiction of the local governing body making the appointments. (10) One citizen who represents employers within the jurisdiction. (11) One citizen who represents essential services personnel, as defined in the local housing assistance plan. If the City, due to the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. * * SECTION 2. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 3. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. ,,,G This Ordinance shall take effect on the 026 day of S/�" rn C2020. PASSED AND ADOPTED this ffi day of 9miPr , 2020. ATTEST: Dan Gelber, Mayor A ctz`t latz Raf-el '"Grana•o, ty Clerk APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION (Sponsored by Commissioner Michael Gongora) k1 :20/22]?O?D • ... f`�c ', 'pity Attorney Date Yv l ii%OP,P'OR..�IFp i ..r4-7 Page 678 of 1855 Ordinances -R5 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 16, 2020 9:20 a.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 12.5, ENTITLED "AFFORDABLE HOUSING ADVISORY COMMITTEE," BY AMENDING SECTION 2-167 THEREOF, ENTITLED "ESTABLISHED; PURPOSE; POWERS AND DUTIES; COMPOSITION," TO AMEND THE COMPOSITION OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE TO INCLUDE A MEMBER OF THE CITY. COMMISSION, AND TO REDUCE THE NUMBER OF COMMITTEE MEMBERS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION Approve the Ordinance BACKGROUND/HISTORY In 1992, the Florida Legislature enacted the William E. Sadowski Affordable Housing Act, creating a dedicated source of revenue for housing from a portion of documentary stamp taxes on the transfer of real estate. The State Housing Initiatives Partnership (SHIP) program, which is administered by the Florida Housing Finance Corporation (FHFC), provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing. The SHIP program operates under the governance of Chapter 420, part 7 F.S., and Rule Chapter 67-37 of the Florida Administrative Code. In 2007, the Florida Legislature passed House Bill 1375, requiring Cities and Counties that receive SHIP funds to appoint an Affordable Housing Advisory Committee(AHAC). On May 14, 2008, the Mayor and City Commission adopted Ordinance No. 2008-3605 amending Chapter 2 of the Miami Beach City Code, to create the City's "Affordable Housing Advisory Committee". On February 12, 2014, the Mayor and City Commission adopted Ordinance No. 2014- 3841, expanding the purpose and duties of the Committee. A population-based formula determines the City's SHIP allocation.The distribution of funds to eligible communities occurs quarterly into the local government Housing Trust Fund when documentary Page 672 of 1855 stamp revenues are collected. In FY 19/20,the City received a total of$78,057 in SHIP funding. Following the 2020 session of the Florida Legislature, the Governor signed House Bill 1339 into law which, in pertinent part amended statutory requirements on SHIP annual reporting, Affordable Housing Advisory Committees (AHAC), the State Apartment Incentive Loan (SAIL) program, accessory dwelling units, and fees/ set-asides. In order to comply with existing requirements in Section 420.9076(2), Florida Statutes, the Administration recommends that the City Commission reduce the number of Committee ittee members from 18 voting to 11 voting members. The Ordinance was approved at First Reading on July 29, 2020. • ANALYSIS AHAC is statutorily required to engage in certain specific activities. AHAC must: 1) review established policies and procedures, ordinances, and land development regulations; 2) create exceptions applicable to affordable housing; 3) adopt new policies or amendments to the local comprehensive plan and local housing assistance plan of the appointing local government and recommend specific actions or initiatives to encourage or facilitate affordable housing. Section 420.9076(2), F.S. stipulates that AHAC must have at least eight(8) members representing at least six(6) categories of experience identified in the statute. However, local governments may elect to have up to eleven (11) committee members. Currently, the ordinance authorizing AHAC states that the committee is comprised of 18 voting members. The Administration recommends reducing membership to 11 voting members, the maximum stipulated in the revised statute.One member of the Committee shall be the Mayor or a member of the City Commission, appointed at-large by a majority vote of the Mayor and City Commission. The remaining ten (10)members shall be appointed at-large by a majority vote of the Mayor and City Commission and must include members from at least six(6)of the following categories: (a) Citizen who is actively engaged in the residential home building industry in connection with affordable housing; (b) Citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing; (c) Citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing; (d) Citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing; (e) Citizen who is actively engaged as a for-profit provider of affordable housing; Page 673 of 1855 (f) Citizen who is actively engaged as a not-for-profit provider of affordable housing; (g) Citizen who is actively engaged as a real estate professional in connection with affordable housing; (h) Citizen who is actively serving on the local planning agency pursuant to Florida Statutes, Sec. 163.3174; (i)Citizen who is residing within the jurisdiction of the local governing body making the appointments; (j)Citizen who represents employers within the jurisdiction;and (k) Citizen who represents essential services personnel, as defined in the local housing assistance plan. House Bill 1339 requires that effective October 1, 2020, each AHAC contain one locally elected official from each County or Municipality. More so, the elected official's participation is critical to the City's allocation and program compliance. The local elected official or elected designee must attend biannual regional workshops convened and administered under the Affordable Housing Catalyst Program. If the locally elected official or designee fails to attend three (3) consecutive regional workshops, the corporation may withhold funds pending the person's attendance at the next regularly scheduled biannual meeting. Additionally, House Bill 1339 amends reporting requirements and replaces the triennial report with an annual report. At a minimum, this report, which is compiled in conjunction with the City's AHAC and approved by the City Commission, is subsequently submitted to FHFC, and includes recommendations on the implementation of affordable housing incentives in our community._ CONCLUSION The changes incorporated by House Bill 1339 must be implemented by the City by October 1, 2020 in order to remain complaint. The City's report must reflect that these changes were adopted by the City Commission and accepted by FHFC by December 30, 2020. These changes must also be reflected in the City's Local Housing Assistance Plan. Applicable Area Not Applicable • Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Housing and Community Services Sponsor Commissioner Michael Gongora ATTACHMENTS: Description Page 674 of 1855 AHAC Ordinance Page 675 of 1855